6 November 2014

"Human kindness is in short supply in Barnet" - PATAS adjudicator

The Appellant, who is very severely disabled, returned to the vehicle a few minutes late as he was "taken poorly" and had to rest on his way back.

It seems to me quite astonishing that the Council on reading the circumstances described by the Appellant, supported by medical evidence and the subsequent grant of a disabled badge on the strength of it, should not immediately have exercised its discretion to cancel the PCN, whether or not the PCN was technically correctly issued. He states "I live my life in my bedroom and this was a wonderful day for me I was upset my ticket was not cancelled for human kindness reasons". It would appear that human kindness is in short supply in Barnet.

Be that as it may, it seems to me that on looking at the facts of the situation as described by the Appellant, and which I see no reason to doubt, I take the view that the delay in returning to the vehicle , and hence the reason for the vehicle waiting there was caused by circumstances beyond his control. Although the CEO cannot be faulted for issuing the PCN , as it transpires I am satisfied it was incorrectly issued and the Appeal is allowed.

The parking enforcement contract needs to be taken out of the clutches of NSL and returned to the council (there is a slim chance that a council employee saw this case and let it proceed but NSL produce the evidence for PATAS to consider). They should then find a suitable employee, with a heart, to decide upon representations of this kind and make common sense decisions.